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2008 Supreme(AP) 329

C.V.NAGARJUNA REDDY
Mandakini Restaurant and Bar, Camihi Nagar, Vijayawada, Krishna District – Appellant
Versus
Deputy Commissioner of Prohibition and Excise, Vijayawada, Krishna District – Respondent


Advocates appeared:
O. Manohar Reddy. , Counsel for the Petitioner; Government Pleader for Prohibition and Excise, Counsel for the Respondent Nos.1 and 2 and S. Satyanarqyana Prasad assisted by Kum. C Sindhu Kumari, Counsel for the Respondent No.3.

ORDER:- This writ petition is filed for a writ of mandamus to declare order passed in Rc.No.928/2006/A5 dated 29.9.2007 by respondent No.2, wherein he declined to renew Fonn-2B Licence under the A.P. Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 (for short, 'the Rules'), as illegal. The petitioner also sought for a consequential direction to respondent No.2 to consider its application for renewal of bar licence.

2. The facts in a nutshell are as follows:

The petitioner was a lessee of the premises in question, namely, Door No.263-128 NRP Road, Ghandi Nagar, Vijayawada, in which it was running a bar and restaurant. It approached respondent No.2 for renewal of its bar licence for the year 2007-2008. While the petitioner's application for renewal was pending, respondent No.2 received representation dated 16.6.2007 from respondent No.3, wherein the latter objected to the petitioner's application for grant of renewal on the ground that he purchased the building of which the premises in question is a part under registered sale deed dated 4.12.2006 from its original owners Sri J.M Patel and five others and that the petitioner has not obtained any lease ag



















































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